ABSTRACT
This chapter briefly summarizes state impact fee enabling acts, providing summary tables and examples of evolving state statutes. This information is useful to practitioners, since state statutes obviously affect local impact fee design. In some states that lack a general enabling act, such as Maryland, Tennessee, and North Carolina, impact fees are authorized for individual jurisdictions through special acts of the legislature. A majority of the state enabling acts explicitly require consideration of revenue credits. One of the most important things that most enabling acts do is restrict the types of facilities for which impact fees may be imposed. In most states, with or without impact fee enabling acts, local governments have the authority to require payment of a fee at the time of meter purchase or connection to the public utility system. State acts with extensive planning requirements may make it more difficult for communities to adopt impact fees.
